HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No.313 of 2024 Monu Kumar ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. K.K. Joshi, Advocate, holding brief of Mr. Dharmendra Barthwal, Advocate for the applicant. Mr. V.S. Rawat, A.G.A. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in Case Crime No. 78 of 2023, under Section 302 IPC, Police Station Kotwali Haridwar, District Haridwar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is second bail application of the applicant. His first bail application was dismissed as withdrawn on 18.12.2023. 4. According to the FIR, on 03.02.2023, when the deceased was returning to home on his Scooty alongwith one Sheetkaal, they had an altercation with the vehicle driver, who ran over the vehicle on the deceased, due to which he died. 5. State was required to file objection, but it has not been filed. 2 6. It is a case of the applicant that Sheetkaal has already been examined at trial and he has not supported the prosecution case. There is no other evidence against the applicant. Reference has been made to the statement of PW3. 7. Learned State counsel admits these facts. 8. Having considered the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 9. The bail application is allowed. 10. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 02.01.2025 Jitendra